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HB0119 • 2022

Towing company rotation list.

AN ACT relating to motor vehicles; requiring the department of transportation to adopt an annually calculated schedule of towing and recovery fees; requiring tow truck and recovery carriers to adhere to fee requirements to be included on the rotation list; requiring rulemaking; conforming a provision; and providing for effective dates.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Haroldson
Last action
2022-02-18
Official status
inactive
Effective date
3/1/2022

Plain English Breakdown

The official source material does not provide specific details on how fees will be calculated, enforced, or what happens if a company violates the criteria to stay on the rotation list beyond requiring rulemaking by the Department of Transportation.

Towing Company Rotation List

This act requires the Department of Transportation to create an annual schedule of customary and reasonable towing and recovery fees and ensures that tow truck companies adhere to these fees to be included on a rotation list.

What This Bill Does

  • Requires the Department of Transportation to adopt an annually calculated schedule of customary and reasonable towing and recovery fees.
  • Requiring tow truck and recovery carriers to adhere to fee requirements to be included on the rotation list.

Who It Names or Affects

  • The Department of Transportation
  • Tow truck and recovery carriers

Terms To Know

Rotation list
A yearly list of approved towing and recovery companies that follow the set fees.
Customary and reasonable fees
Fees for towing and recovery services based on what is fair and common in Wyoming and other states.

Limits and Unknowns

  • The bill did not pass, so the rules it would have created are not currently in effect.
  • It does not specify penalties or enforcement mechanisms beyond requiring adherence to customary and reasonable fees.

Bill History

  1. 2022-02-18 House

    H Did not Consider for Introduction

  2. 2022-02-15 House

    H Received for Introduction

  3. 2022-02-15 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
22LSO-0419
2022
STATE OF WYOMING
22LSO-0419
Numbered
2.0

HOUSE BILL NO. HB0119

Towing company rotation list.

Sponsored by: Representative(s) Haroldson

A BILL

for

AN ACT relating to motor vehicles; requiring the department of transportation to adopt an annually calculated schedule of towing and recovery fees; requiring tow truck and recovery carriers to adhere to fee requirements to be included on the rotation list; requiring rulemaking; conforming a provision; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 31
‑
5
‑
102(a)(lix) and 31
‑
5
‑
1701(b)(vii), (ix) and by creating a new paragraph (x) are amended to read:

31
‑
5
‑
102.

Definitions.

(a)

Except as otherwise provided, as used in this act:

(lix)

"This act" means W.S. 31
‑
5
‑
101 through
31
‑
5
‑
1601
31
‑
5
‑
1701
;

31
‑
5
‑
1701.

Towing companies; rotation list.

(b)

Rules adopted by the department pursuant to this section shall include:

(vii)

Provision for reprimand or suspension from the rotation list for a period of up to one (1) year or removal from the rotation list for a period in excess of one (1) year as determined by the director of the department, for carriers that
:

(A)

V
iolate the criteria to be on the rotation list;

(B)

Charge fees in excess of the schedule of customary and reasonable fees required by paragraph (x) of this subsection;

(C)

Charge fees in excess of the tow truck or recovery carrier's summary rate disclosure document that is on file with the department as required under paragraph (ix) of this subsection.

(ix)

A requirement that a tow truck or recovery carrier file a summary rate disclosure document which states typical fees for commonly used towing and recovery procedures, including
but not limited to such items as
daytime and nighttime call rates, hook
‑
up fees, winch fees, labor costs, mileage charges and vehicle storage charges. In any action where the fee charged by a towing company is in issue
:
,

(A)

A fee that is at or below the amount on the schedule of customary and reasonable fees required by paragraph (x) of this subsection shall be prima facie evidence that the fee is fair and reasonable;

(B)

T
he burden of proof to show that the fee is fair and reasonable shall be upon the towing company.

(x)

A schedule of customary and reasonable fees calculated annually for commonly used towing and recovery procedures based upon a sampling of typical fees used by commercial tow truck and recovery carriers in Wyoming and a review of prevailing fees in other states or regions.

Section 2.

Not later than July 1, 2022 the department of transportation shall promulgate rules to implement this act.

Section 3
.

(a)

Except at provided in subsection (b) of this section, this act is effective July 1, 2022
.

(b)

Sections 2 and 3 of this act are effective
Section 2 immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0119